Forks City Zoning Code
CHAPTER 17
85 CONDITIONAL USE PERMITS
§ 17.85.010 Purpose.
The conditional use permit procedure is used to review certain proposed uses to assure that certain conditions within the city are maintained. These conditions include the maintenance of compatibility between uses within the various areas of the city; the prevention of nuisances, hazards, and other adverse impacts; and the conformance of development to the comprehensive plan and city codes. These proposed uses may be permitted, with or without special requirements, or denied, based on whether the proposed use would jeopardize the conditions described above or would not conform to the requirements of the comprehensive plan and this code. The special requirements imposed shall be those which will reasonably assure that these conditions are maintained and adverse impacts prevented. In no case shall a conditional use permit be used to reduce the requirements of the zone in which the use is located.
(Ord. 433 § 17.10, 1997)
§ 17.85.020 Application.
(1)
The applicant seeking a conditional use permit shall submit the proposal to the city planning director at least 20 days prior to the Forks planning commission meeting along with the fees required for conditional use permits noted elsewhere in this code.
(2)
Once a hearing time is established, proper notification shall be given concerning time, place, and purpose of such a hearing, and shall be in conformance with this code.
(Ord. 433 § 17.20, 1997)
§ 17.85.030 Authorization.
(1)
A conditional use permit may be authorized by the Forks planning commission within 21 days following the close of the hearing described in FMC § 17.120.010.
(2)
In reviewing a conditional use permit, the commission may attach thereto such conditions regarding the location, character, and/or other features of the proposed use as the commission deems necessary in the public interest, in the interest of furthering the purpose of this code, and for the purpose of fulfilling the Forks comprehensive plan. These conditions must be stated in writing as part of the permit and must state the connection between the use, condition and public interest being invoked.
(Ord. 433 § 17.30, 1997)
§ 17.85.040 Findings and appeal.
(1)
The Forks planning commission shall report to the city council its findings regarding an application for a conditional use permit within 15 days of its decision. Any affected party, including a member of the city council may appeal the decision to the city council within 15 days of the date the report of the Forks planning commission is issued to the city council.
(2)
The appeal shall be filed in writing with the city clerk/treasurer on forms established for this purpose. Once a hearing time is established, proper notification shall be given concerning time, place and purpose of such a hearing, and shall be in conformance with provisions of Chapter 17.120 FMC.
(Ord. 433 § 17.40, 1997)
§ 17.85.050 Consideration of the appeal.
(1)
Upon receipt of the appeal the city clerk/treasurer shall publicize and schedule a public hearing by the council pursuant to Chapter 17.135 FMC.
(2)
The city council within 21 days of the close of the hearing shall affirm, reverse, remand, or modify (including attaching additional conditions) the decision of the Forks planning commission.
(Ord. 433 § 17.50, 1997)
§ 17.85.060 Expiration.
(1)
A conditional use permit shall become void if after the expiration of one year from the permit date, no substantial construction has taken place in accordance with the plans for which such conditional use permit was authorized.
(2)
The city of Forks city council may extend the permit an additional year upon a showing of good cause by applicant at any time up until the permit has expired.
(Ord. 433 § 17.60, 1997)
